California product liability law recognizes that some design defects are not obvious to ordinary consumers. CACI No. 1204 addresses those cases by applying the risk–benefit test, a strict liability framework that shifts the burden of proof to the defendant once the plaintiff makes an initial showing.
This instruction is most often used in complex or technical product cases where consumer expectations alone do not fully capture the design risks.
What Is CACI No. 1204?
CACI No. 1204 applies when a plaintiff claims that a product’s design itself caused harm, even if the product was manufactured as intended. Unlike the consumer expectation test, the risk–benefit test focuses on whether the benefits of the design outweigh its risks.
Critically, once the plaintiff proves three threshold facts, the burden shifts to the defendant to justify the design.
Full Text of CACI No. 1204
CACI No. 1204. Strict Liability – Design Defect – Risk–Benefit Test – Essential Factual Elements – Shifting Burden of Proof
[Name of plaintiff] claims that the [product]’s design caused harm to [name of plaintiff]. To establish this claim, [name of plaintiff] must prove all of the following:
- That [name of defendant] [manufactured/distributed/sold] the [product];
- That [name of plaintiff] was harmed; and
- That the [product]’s design was a substantial factor in causing harm to [name of plaintiff].
If [name of plaintiff] has proved these three facts, then your decision on this claim must be for [name of plaintiff] unless [name of defendant] proves that the benefits of the [product]’s design outweigh the risks of the design.
In deciding whether the benefits outweigh the risks, you should consider the following:
(a) The gravity of the potential harm resulting from the use of the [product];
(b) The likelihood that this harm would occur;
(c) The feasibility of an alternative safer design at the time of manufacture;
(d) The cost of an alternative design; [and]
(e) The disadvantages of an alternative design; [and]
[(f) [Other relevant factor(s)].]New September 2003; Revised February 2007, April 2009, December 2009, December 2010, June 2011, January 2018, May 2019, May 2020
How Juries Apply the Risk–Benefit Test
Once the plaintiff establishes that the defendant manufactured, distributed, or sold the product, that the plaintiff was harmed, and that the product’s design was a substantial factor in causing the harm, the analysis shifts.
At that point, California law places the burden on the defendant to prove that the benefits of the product’s design outweigh its risks. In making this determination, jurors consider factors such as:
- The severity of the potential harm
- The likelihood that the harm would occur
- Whether a safer alternative design was feasible at the time of manufacture
- The cost and practical drawbacks of alternative designs
If the defendant fails to meet this burden, liability attaches.
California courts recognize the risk–benefit test as a core strict liability theory within the state’s broader products liability doctrine established by Greenman v. Yuba Power Products. Together with the consumer expectation test, the risk–benefit framework ensures that manufacturers—not injured consumers—bear the responsibility for justifying dangerous design choices.
Risk–Benefit Test vs. Consumer Expectation Test
California recognizes both design defect standards, and they often operate side by side.
The consumer expectation test asks whether a product performed as safely as an ordinary consumer would expect. The risk–benefit test, by contrast, is used when safety expectations are not obvious and technical design choices must be weighed.
When consumer expectations are unclear or disputed, CACI 1204 ensures that manufacturers—not injured plaintiffs—must justify why a dangerous design was worth the risk.
Illustrative Example
A piece of industrial machinery operates exactly as designed but lacks a feasible safety guard that could have prevented amputations. Under CACI 1204, once causation and harm are shown, the manufacturer must prove that the design’s benefits outweighed the risk and that safer alternatives were not reasonably feasible.
Practical Considerations in Risk–Benefit Cases
These cases often turn on:
- Engineering and human-factors expert testimony
- Evidence of feasible alternative designs
- Internal design analyses, testing, and cost evaluations
- Prior incidents or near-misses
Discovery frequently focuses on what the manufacturer knew or should have known at the time of design.
Speak With a Product Liability Lawyer
If a product’s design caused injury and the manufacturer cannot justify its risks, you may have a claim under CACI No. 1204. WIN Injury & Accident Trial Lawyers can evaluate your case under California’s risk–benefit design defect standard.
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